Legal privilege in criminal cases

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Securities, sureties and other conditions of bail

Securities, sureties and other conditions of bailConditions of bailA defendant granted bail by the court may be required to comply with conditions of...

Witness intimidation

Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...

Possession of an offensive weapon

Possession of an offensive weaponThe offence of possession of an offensive weaponThe offence of having an offensive weapon in a public place can be...

What is the time limit for bringing a prosecution for a summary only offence?

What is the time limit for bringing a prosecution for a summary only offence?We refer you to Practice Note: Commencing criminal proceedings—applying...

Practice notes

Discretionary life sentences

Discretionary life sentencesThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...

16th Nov

Practice notes

Criminal Procedure Rules (CrimPR)—update October 2020 [Archived]

Criminal Procedure Rules (CrimPR)—update October 2020 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. This Practice...

16th Nov

Practice notes

Search of premises without a warrant

Search of premises without a warrantThe powers of the police to enter and search premises are both extensive and various. The police may search...

16th Nov

Practice notes

Commencing criminal proceedings—written charge and requisition or single justice procedure notice

Commencing criminal proceedings—written charge and requisition or single justice procedure noticeAll criminal cases begin in the magistrates' court...

16th Nov

Practice notes

Obtaining third-party disclosure in criminal proceedings

Obtaining third-party disclosure in criminal proceedingsThe prosecution’s duty of disclosure in criminal proceedings is governed by the Criminal...

Produced in partnership with Hannah Thomas of 2 Hare Court 19th Apr

In-house

Practice notes

Intoxication and mistake

Intoxication and mistakeIntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the...

16th Nov

Practice notes

Human trafficking offences

Human trafficking offencesWhat is human trafficking?The accepted definition is found in the UN Protocol to Prevent, Suppress and Punish Trafficking in...

Produced in partnership with Ben Cooper of Doughty Street Chambers 19th Apr

Practice notes

European Investigation Orders (EIOs)—process [Archived]

European Investigation Orders (EIOs)—process [Archived]ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end...

16th Nov

Practice notes

Instructing experts in criminal proceedings

Instructing experts in criminal proceedingsPart 19 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) sets out the requirements for...

16th Nov

Practice notes

Enforcement of confiscation orders

Enforcement of confiscation ordersStatus of a confiscation orderTechnically, a confiscation order is an order to pay a sum of money to the state;...

Produced in partnership with Quinton Newcomb 19th Apr

Practice notes

Admissibility of hearsay in criminal proceedings—the interests of justice gateway

Admissibility of hearsay in criminal proceedings—the interests of justice gatewayThe statutory conditionsHearsay evidence may be admitted under one or...

16th Nov

Practice notes

Prisoner categorisation

Prisoner categorisationCategorisation is the process by which a prisoner’s security category is determined. This affects the type of prison in which...

Produced in partnership with Andrew Sperling of SL5 Legal 19th Apr

Q&As

A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what period of days should be allowed for the owner/occupier to take the steps stipulated in the notice. What are the rules governing the period of time that the notice should provide? Should it just be 'reasonable'?

A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what...

16th Nov

Practice notes

Offences that can be committed by jurors

Offences that can be committed by jurorsThe range of offences which a juror can commit in relation to a trial he/she is trying was increased with the...

Produced in partnership with Steven Bird of Birds Solicitors 19th Apr

Practice notes

Tainted gifts in confiscation proceedings

Tainted gifts in confiscation proceedingsTainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to...

16th Nov

Practice notes

Bars to extradition

Bars to extraditionThe following Practice Note is concerned with the statutory and procedural bars to extradition from the UK under the Extradition...

Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters 16th Nov